DENISON, Circuit Judge.
Infringement suit on patents, 1,439,338 and 1,439,339, both issued to Harry W. Smith on December 19, 1922, for a "golf practicing and exercising device." Application for 1,439,338 was filed December 17, 1920, and for the other one on June 1, 1921. Of the claims sued upon, the District Court held some invalid and other valid and infringed, and directed the usual injunction. The defendant appeals; the plaintiff does not.
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